The Superior Court of Justice of the Canary Islands (TSJC) has condemned the Ministry of Public Works of the Government of the Canary Islands to pay un minimum of 2.5 million euros to the successful bidders of a section of the island ring due to the delay of the first 20% of the budget and the subsequent price revision.
This amount is due Add he increase in the General Indirect Tax of the Canary Islands (IGIC) which went from 5 to 7% in that period and the damage is estimated due to the maintenance of the guarantees for the months of delay and the legal interest from the presentation of the claim until the payment.
The TSJC maintains that there was a widespread delay due to lack of land availabilityan issue for which the central Government is not responsible, as the Canary Islands Executive maintained.
At the end of 2019, the successful bidders asked to be compensated with almost 30 million as a result of the change in contractual provisions in the Adeje-Santiago subsection of the Teidein its connection with the Port of Fonsalía in charge of the UTE Adeje Santiago, once their request was rejected through administrative means.
At the end of 2020, the figure had already been reduced to 18 and a half million and an agreement was still not reached. Days later, the Government partially approved the request but limited it to almost 10 million, so The company complained to the TSJC to recognize him as much, which the Ministry opposed.
In the sentence released now it is recalled that The work had an award budget of 168 millionof which one million corresponded to the drafting of the project.
The project
He contract signed at the end of 2006 was subject to two modifications and 13 readjustments of annuities, six price reviews and four addendums or complements, so the planned execution period of 31 months could not be met.
In fact, in front of the projected to finish the works in July 2009 The completion was in the last months of 2016 but the works were not received until a year later.
He second contract to build the El Bicho Tunnel It was signed at the beginning of 2011 for almost 23 million and a period of two years, but the project also underwent modifications so it took three years.
The UTE presented a “detailed” account of the 57 antecedents that reflect a chronology of what was claimed until reaching a total of 214 million, for which they consider the damages and losses generated “disproportionate” for which they blame the Administration.
The result is that the performance went from being carried out in the planned 31 months to 120or in other words, there was a gap of 89 months, due to delays in the processing and approval of the modified projects, continuous readjustments of annuities, variations in rhythms and deadlines or delays in the occupation of the land.
The same thing happened with the granting of authorizations to replace affected servicesin the processing of environmental conditions required in the execution of the first 20% of the budget, a figure now recognized.
The Canarian Government blamed the Ministry of Development for the reduction of the contribution to the Agreement and alleged that the expropriations did not stop the work, that the period that coincides with the execution of 20% of the budget -33.5 million- no complaint was ever filed and the certifications were paid
